ZIMBABWE has progressively taken a significant step in disability rights with the enactment of the Persons with Disabilities Act (Act No 3 of 2025).
The Act was gazetted in November 2025 after President Emmerson Mnangagwa signed it into law.
The proposed law represents a decisive shift from the outdated welfare-based approach of the old Disabled Persons Act to a modern, rights-based framework that aligns with both the Constitution and international human rights law.
Most importantly, the new law recognises that disability is not experienced uniformly and provides holistic and targeted protections for special categories of people such as women, girls, children and persons with multiple impairments.
Protecting children with disabilities
For the first time in Zimbabwe’s disability legislation, children with disabilities receive specific statutory recognition. This is very commendable. Section 18 safeguards their best interests, guarantees their right to be heard and mandates age- and disability-appropriate support. It also prohibits discrimination based on disability and provides support measures for caregivers. These protections closely mirror Article 7 of the Convention on the Rights of Persons with Disabilities (CRPD), Article 23 of the Convention on the Rights of the Child (CRC), and Article 13 of the African Charter on the Rights and Welfare of the Child. The alignment reflects a deliberate effort to domesticate international child rights standards.
Rights of women and girls with disabilities
Most women and girls with disabilities face intersecting forms of discrimination based on both gender and disability. Section 19 directly addresses this reality by providing for their holistic empowerment to ensure full enjoyment of their rights. This provision reflects Article 6 of the CRPD, Article 23 of the Maputo Protocol and Zimbabwe’s constitutional equality guarantee under section 56. By recognising this “double burden,” the Act adopts an intersectional approach to equality.
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Recognising persons with multiple impairments
One of the Act’s most progressive features is its specific protection of persons with multiple impairments in section 20. This provision requires the State to protect its rights, mitigate the compounded disadvantages they face and ensure their equal enjoyment of human rights.
It thus reflects the CRPD’s emphasis on supported decision-making, particularly in circumstances where individuals may require assistance in exercising their legal capacity. This represents a significant step towards compliance with international norms.
Protection from gender-based violence
Section 26 provides robust safeguards against exploitation, violence and abuse, including gender-based violence. It guarantees the right of persons with disabilities to accessible protective services that promote their health, dignity, autonomy and well-being, while taking into account gender-and age-specific needs. It further mandates the investigation and prosecution of such violations. This provision is both comprehensive and commendable in its scope.
Assistance fund for persons with disabilities
The Act establishes a dedicated financing mechanism known as the Assistance Fund for Persons with Disabilities in section 44. This is one of the Act’s most important institutional innovations because rights, however well-articulated, require resources to be realised. The fund has the potential to transform disability inclusion in Zimbabwe by providing sustainable financing for education, rehabilitation, economic empowerment and community participation of persons with disabilities.
How far does the Act comply with international and regional human rights standards?
The Act substantially aligns with key human rights instruments, including CRPD, (CRC), the African Charter on the Rights and Welfare of the Child and the Maputo Protocol. It also gives effect to sections 56, 81, and 83 of the Constitution of Zimbabwe, which guarantee the rights of women, children and persons with disabilities. In many respects, Zimbabwe now has one of the most progressive disability statutes on the continent.
Remaining gaps
Despite its strengths, several gaps remain:
- a) Limited focus on older persons with disabilities:
Although referenced in section 37, the Act does not provide a comprehensive framework addressing their specific needs.
- b) Insufficient provisions for psychosocial and intellectual disabilities;
While these groups fall within the Act’s general protections, more detailed safeguards are needed, particularly in relation to supported decision-making, access to justice and independent living.
- c) The Act is not yet in force.
This remains the most immediate challenge. Under section 1(2), the Act will only come into operation on a date fixed by the President through a Gazette notice. That notice is yet to be issued, meaning the old legal regime remains applicable.
What must be done urgently?
Several steps are required to translate the legislative promises to lived reality. Firstly, the minister must take action on the provisions in section 1(2) requiring the attention of the President for it to become law. The sub-section says that “this Act shall come into operation on a date to be fixed by the President by notice in the Gazette.” Secondly, detailed implementing regulations must be developed, including standards on inclusive education and disability-responsive budgeting. Thirdly, the National Disability Affairs Board needs to be established and adequately resourced. Fourthly, all related and relevant laws and policies, including those on education, health, labour and child protection, must be harmonised with the new Act. Finally, implementation must be backed by real funding. Rights without resources risk remaining aspirational.
The bottom line
The Persons with Disabilities Act is a transformative piece of legislation. It recognises that substantive equality may require differentiated treatment to achieve equitable outcomes. By explicitly protecting children, women, girls, and persons with multiple impairments, Zimbabwe moves closer to full compliance with international and regional human rights standards. However, enactment is only the beginning. For Zimbabwe’s most vulnerable population, the time for implementation is now.
Chinga Govhati is a child protection advocate and can be contacted on +263773287898. Pamellah Musimwa is a child rights lawyer and be contacted on +263777000542.
